LAWN CARE AND LANDSCAPING IOWA SALES TAX ISSUES - Terry O'Neill Taxpayer Service Specialist
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Taxable Lawn Care • mowing • trimming • watering • fertilizing • seeding • sodding • killing insects, moles, weeds, or fungi
What is a Lawn? • cemetery grounds • golf courses • parks • grass surrounding residential or commercial buildings or structures Taxable, unless the property owner is exempt.
What Isn’t a Lawn? • ditches • vacant lots • railroad right-of-way • isolated patch of grass or weeds Care is not taxable.
What Property Owners Are Exempt? Some examples are: • Governmental entities • Public schools • Private, nonprofit educational institutions • Nonprofit hospitals, hospices, and museums
Are All Nonprofits Exempt? No, most nonprofit organizations are taxable, including: • Churches • Most charitable organizations • Social clubs and similar organizations
Does Everyone Need to Collect Sales Tax? Yes, unless: • owner is the only one providing services; • owner is a full-time student; and • total gross receipts for a calendar year is less than $5,000.
QUIZ QUESTION #1 I’m mowing the grass at a church-owned cemetery. Do I need to collect sales tax? Yes. Churches are taxable & a cemetery is considered a lawn.
Landscaping Defined • Arrange or modify natural condition of land • Public or private use or enjoyment This is taxable.
Taxable Landscaping • Excavating • Planting • Pruning • Placing sand, rock, wood chips
What Isn’t Taxable? • Landscape Architect – services separately stated and billed – registered under Iowa Code section 544B.2 • For a Building or Structure that is – new construction – reconstruction – alteration – expansion, or Sales Tax – remodeling
QUIZ QUESTION #2a Construction of a new building was completed in January. I’m hired in April to do the landscaping. Do I collect sales tax? No. The service is performed in connection with new construction. 13
QUIZ QUESTION #2b Construction of a new building was completed in May. I’m hired in September to do the landscaping. Do I collect sales tax? Yes. The service is NOT performed in connection with new construction. 14
What About Materials? • fertilizer • shrubbery • chemicals • bulbs • sod • sand • seed • woodchips • dirt • rock • trees • other similar items Tax Free if purchased for resale.
Materials For Resale • Parties agree materials sold separately from the service • Definite quantity or amount sold for a specific price • Must be itemized on the bill • Sales tax is charged on both materials and labor
When Purchased For Resale The service provider must give the supplier a valid Iowa Sales Tax Exemption Certificate
Billing Materials For Resale LAWN INVOICE LAWN INVOICE CARE IOWA CARE IOWA Box 26070 Des Moines PH: 515-555-4008 Box 26070 Des Moines PH: 515-555-4008 Van Meter, Iowa 50261-0260 Sioux City PH: 712-555-7614 Van Meter, Iowa 50261-0260 Sioux City PH: 712-555-7614 PH: 515-555-2261 Waterloo PH: 319-555-2020 PH: 515-555-2261 Waterloo PH: 319-555-2020 Mrs. IMA Customer INVOICE NO. 743738 URA Customer INVOICE NO. 743721 Elm Street Main Street CUSTOMER NO. 6-44137 CUSTOMER NO. 8-13276 Adel, IA 54321 X-1-94 Zwingle, IA 54321 A-2-88 DATE: TIME: APPLICATOR: DATE: TIME: APPLICATOR: 07-17-09 10 am Joe Worker 07-17-09 8 am Janet Worker PLEASE RETURN THIS PORTION WITH PAYMENT PLEASE RETURN THIS PORTION WITH PAYMENT AMOUNT DUE AMOUNT DUE Charge: $ 50.00 Charge: $300.00 $321.00 $53.00 6% Sales Tax: $ 18.00 6% Sales Tax: $ 3.00 1% Regular Local Option $ 3.00 DUE UPON RECEIPT OF INVOICE DUE UPON RECEIPT OF INVOICE Accounts that are not paid in 30 days will have a FINANCE CHARGE of 1 1/2 % Accounts that are not paid in 30 days will have a FINANCE CHARGE of 1 1/2 % TERMS: per month on the unpaid balance or a minimum of 50c WHICHEVER IS GREATER ADDED TERMS: per month on the unpaid balance or a minimum of 50c WHICHEVER IS GREATER ADDED TO THE ACCOUNT. This is an annual percentage rate of 18%. TO THE ACCOUNT. This is an annual percentage rate of 18%. Charges for Material Applied: $ 25.00 Labor Charge: $100.00 Labor and Equipment Charge: $ 25.00 Chemicals - 31 LBS: $ 60.00 Materials Applied: Fertilizer, Crabgrass control, Fertilizer - 51 LBS $100.00 Broadleaf weed control Materials Applied to Lawn - 4 Bushels $ 40.00 Amount of Material Applied: 40 Gallons
Jenny’s Lawn Care Bill’s Lawn Care Mow, trim, labor 50.00 20 lbs. Seed 30.00 Mow, trim, seed 80.00 80.00 Local option 1% .80 tax 5.60 6% tax 4.80 total due: $85.60 Total due: $85.60 Retailer of materials and labor Retailer of taxable labor BUYS MATERIALS PAYS TAX ON TAX EXEMPT MATERIALS
When retailers fail to itemize Landscape Materials separately from exempt labor, the total bill is taxable
QUIZ QUESTION #3 I don’t separately itemize materials on my bill to the customer. Can I buy those materials exempt from sales tax? No. Separately itemized bills are one requirement of purchasing tax free for resale. 21
Can Landscapers be Contractors? YES When providing both labor and materials to build a structure, for that portion of the job.
What is a Structure? • retaining walls • lawn lighting systems • lawn irrigation systems • pools • walks • drives • decks • fences • fountains • any other item permanently attached to real property
Building Materials • concrete • railroad ties • wood • bricks • stone • pavers • pipe • conduit
Sales Tax When You Work as a Contractor • You are the consumer of building Supplier = pay tax materials. • You must pay sales tax on all building materials to your suppliers. • You must include this sales tax expense as part of the bid price Customer = no tax for the project. • No sales tax is charged to the customer on materials or labor.
QUIZ QUESTION #4 I have a contract to build a retaining wall. Can I purchase the stones I use to construct the wall tax free for resale ? No. Contractors are the final consumer of building materials.
On Our Web Site www.iowa.gov/tax • Landscaping and Lawn Care publication • Call us: 8 a.m. - 4:15 p.m. CT 515-281-3114 or 1-800-367-3388 (Iowa, Omaha, Rock Island, Moline) • E-mail us at idr@iowa.gov
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